Allowed

Solera Holding Inc. v. Solera Networks Inc. and Anr.

Delhi HC16 Apr 2024C.O. (COMM.IPD-TM)/146/2021

Case brief

AI extract

What is this about?

The Delhi High Court allowed a rectification petition to remove the respondent's expired and non-renewed trade mark 'SOLERA NETWORKS' from the register, given the petitioner's registered mark and lack of evidence of use by the respondent.

What did the court decide?

The impugned trade mark No. 2443745 was removed from the Trade Mark Register and the registry website was directed to be updated.

Solera Holding Inc. Vs Solera Networks Inc. and Anr. — Intellectual Property | Delhi HC (2024)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.O. (COMM.IPD-TM) 146/2021

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SOLERA HOLDING INC ..... Petitioner Through: Mr. Manish Kumar Mishra, Ms. Akansha Singh, Ms. Saloni Kashiwal and Mr. Saransh Saini, Advs.

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versus

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SOLERA NETWORKS INC AND ANR ..... Respondents Through:

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 16.04.2024

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This rectification petition has been filed seeking removal of respondent No.1’s mark ‘SOLERA NETWORKS’ registered under Class 9 No.2443745. The said mark was applied for by respondent No.1 on 17^th December, 2012 claiming user from 15^th February, 2005 and was granted on 22^nd May, 2015.

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The matter was originally filed before the Intellectual Property Appellate Board (IPAB) and was since transferred to this Court pursuant to the abolition of the IPAB in 2021. Since 2022 when the matter has been on board of this Court, notices have been issued to respondent No.1 no one has appeared.

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Further, Court Notice was also issued to the Trade Mark Attorneys appearing on behalf of the defendant before the Registrar of Trade Marks, however, they have also not reverted since 28^th August, 2023.

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Accordingly, the defendant shall be proceeded ex parte .

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2024 at 12:19:57

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The petitioner had applied for registration of the mark ‘SOLERA’ on 14^th December, 2015 in a multi class application, initially on a proposed to use basis. The petitioner has since been granted registration on 02^nd June, 2021.

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In the meantime, counsel for the petitioner also draws attention to the status of the impugned mark from the Trade Mark Registry’s record which has been handed up to the Court and reproduced hereunder. It shows that the impugned mark was valid upto 17^th December, 2022 and has since not been renewed. Though, it has not been removed from the register, it seems that respondent No.1 is not interested in claiming proprietorship in the said mark.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2024 at 12:19:57

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Further, counsel for the petitioner points out to an investigation report dated 21^st December, 2018 which was filed with the original petition to ascertain if the impugned mark had been used in respect of computer related or electronic goods in India since 2005 by respondent No.1. Investigation report revealed that there was no one available on that address and a different company, namely, TaraSpan Solutions Pvt. Ltd. was operating from the address in Bavdhan, Pune. A market search also found that there was no use of the said mark.

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Considering these facts and circumstances and that assertions of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2024 at 12:19:57

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petitioner stay unrebutted, this Court considers it appropriate to grant relief to the petitioner, particularly when their mark stands registered and the impugned mark has expired and not renewed by respondent No.1.

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In these facts and circumstances, it is directed that the register be rectified and the impugned mark No. 2443745 is removed from the Trade Mark Register.

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The Trade Mark Registry website be updated accordingly.

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Registry to supply a copy of the present order to Trade Mark Registry at [email protected] for compliance.

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Petition is disposed of. Pending applications, if any, also stand disposed of as being infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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APRIL 16, 2024/MK/ ig

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2024 at 12:19:57

Solera Holding Inc. v. Solera Networks Inc. and Anr.

Case brief

What is this about?

What did the court decide?

Solera Holding Inc. v. Solera Networks Inc. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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